"

55142 Federal Register/Vol. 64, No. 196/Tuesday, October 12, 1999/Rules and Regulations

"

"

---+---

- ..

"

30 METERS

MICROPHONE

LOCATION

Figure 1. Test Site Clearance Requirement for Stationary

Locomotive, Locomotive Pass-by, Rail Car

Pass-by, and Locomotive Load Ceil Test Stand

Tests.

[FRDoc. 99-55535 Filed io-a-ss: 8:45 am)

BIWHG CODe 1505-01-0

ENVIRONMENTAL PROTECTION

AGENCY "

40 CFR Part 271

[FRL~9-8]

Washington: A!l@I'Authqrization of

State Hazardous Waste'Management

Progra'in Revision '

AGENCY: Environmental Protection

Agency (EPA). "

ACTION: Immediate final rule.

SUMMARY: Washington h~ applied to

EPA for Final authorization of changes

to its hazardous waste program under

the Resource Conservation and

Recovery Act (RCRA). EPA has

determined thatthesechanges satisfy all

requirements needed to qualify for Final

authorization with one exception

discussed later tn this rulemakirrg.

Unless adversewritten comments are received during the review and .!',

comment period provided in this

immediate final nile. EPA's decision is

to authorizethe State's changes through

this final action.

DATES: This Final authorization for

Washington shall be effective January

11; 2000 ifEPA receivesnoadverse

comment on this document by

November 12. 1999. Should 'EPAreceive

adverse comments. EPA will Withdraw

this rule before the effective date by;'

publishing a timely withdrawal in the

Federal Register.

ADDRESSES: Send'written comments to

li.Jka Kocourek.'U.~:EPA:Reg.ion 10,:;

WCM-Y22. 1200 Sixth'Avenue.Seattle,

WA 9810 I, phone:rlurtlber:{206}5S3:"

6502. You can vtew and copy .: '.

Washington's applicatlbI'l during normal

business hours at foUQlJI!ing, ',; ,"

addresses: U.S. EPA. RegIon"JO,'tiEji¥Y,

1200.5ixth Avenue, Seattle. WA 98101,

contact at (206) 553..:.1'259; and the, "':

Washington Department of Ecology. 300

Desmond Drive, Lacey, WA 98503; "

contact Patricia Herv.ieux.~'(360}407[:-

6756. ' ". "

FOR FURTHER INFORMATlON'CONTACT:

Nina Kocourek. EPA RegiondO;WCM122, 1200 Sixth AvenueSeattle.Wsc'

98101. phone number: (206) 553-6502.
Federal Register/Vol. 64, No. 196/Tuesday. October 12, 1999/Rules and Regulations 55143

:') '.~.

· . .i "; 17fi'.:;:......!!.~ ....I:.' .Double Uners

,I' ,.r., '-, ;':,

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State

Programs Necessary?

States which have received final

authorization from EPA under RCRA

Section 3006(b). 42 U.s.C. 6926(b). must

maintain a hazardous waste program

that is equivalent to. consistent with.

and no less stringent than the Federal

program. As the Federal program

changes. States must change their

programs and ask EPA to authorize the

changes. Changes to State programs may

be necessary when Federal or State

statutory or regulatory authority is

modlfied or when certain other changes

'.occur. Most commonly. States must

change their programs because of

changes to EPA's regulations in 40 Code

of Federal Regulations (CFR) Parts 124.

260 through 266, 268. 270, 273. and 279.

B. What Decisions Have We Made in

This Rule?

We conclude that Washington's

application to revise its authorized

program meets all of the statutory and

regulatory requirements established by

RCRA. Therefore. we grant Washington

Final authorization to operate its

hazardous waste program with the

changes described in the authorization

application with the exception of the

State's designation of characteristic

antifreeze as a state-only waste.

Washington has responsibility for

permitting Treatment. Storage. and

Disposal Facilities (TSDFs) within its

borders and on the non-trust lands

within the 1873 Survey Area of the

Puyallup Reservation as defined in the

settlement agreement between the

Puyallup Tribe. Federal. State and local

governments dated August 27, 1988.

EPA retains jurisdiction and authority to

implement RCRA over trust lands and

over Indians and Indian activities

within the 1873 Survey Area. The

authorized program is responsible for

carrying out the aspects of the RCRA

program described in its revised

program application. subject to the

limitations of the Hazardous and Solid

Waste Amendments of 1984 (HSWA)

and the limitation of this authortzation

with respect to the State's designation of

.' /~aract~ri~tican~i,freeze as a state-only

·'i. \Y~te...N~",,: §'rcteral requirements and

.. ·prohibitionsjmposed by Federal ;

::..regulattonsthat EPA promulgates under

·the~aQthorityof;HSWA take effect in

-: I \ .~i..Il:horized States before they: are ·r;j : • , " !'~ • I ~; •

Federal Register I Analogous State Authority (WAC 173-303-...)

particular change to the State hazardous

waste program. we will withdraw that

part of today's authorization rule.

However. the authorization of the

program changes that are not opposed

by any comments will become effective

on the date specified. The Federal

Register withdrawal document wUl

specify which part of the authorization

wUl become effective and which part is

being Withdrawn. Any parties interested

in commenting should do so in

accordance with the time frame

provided in today's Federal Register.

We will address all public comments in

a later Federal Register. You will not

have another opportunity to comment. If

you want to comment on this action.

you must do so at this time.

E. W}fat Has Washington-Previously

Been Authorized For?

Washington initially received Final

authorization on January·30. 1986.

effective January 31, 1986 (51 FR 3782)

to implement the RCRA hazardous

waste management program. We granted

authorization for changes to their

program on September 22. 1987

effective on November 23. 1987 (52 FR

35556); August 17, 1990 effective

October 16. 1990 (55 FR 33695);

November 4, 1994 effective November 4.

1994 (59 FR 55322); February 29, 1996

effective on April 29. 1996 (41 FR 7736);

and September 22, 1998 effective on

October 22. 1998 (63 FR 50531).

F. What Changes Are We Authorizing

With Today's Action?

On July 27, 1999. we received

submittal of an offlcial program revision

application seeking authorization of

their changes in accordance with 40

CFR 271.21. On August 12, 1999, we

determined Washington's official

program revision application to be

complete. We are now making a Final

decision. subject to receipt of written

comments that oppose this action. that

Washington's hazardous waste program

. revision, with the exception of the

State's designation of characteristic

antifreeze as a state-only waste. satisfies

all of the requirements necessary to

qualify for Final authorization. The

following table indicates those federal

rules and the analogous Washington

state authorities that are receiving final

authorization. Al~ of these analogous

state authortneswere legally adopted

and were effective as of February II,

1998. .

50 FA 28702. 07115185 1650:(2)(a); (2)(i); (k); (I); (m): (c)(l). 665:(2)(a); (2)(h);

(2)(i); (2)(k); (2)(1); (cHI). 400:(3)(a).

authorized for the requirements. Thus.

EPA will implement those requirements

and prohibitions in Washington.

including issuing permits. until the

State is granted authortzation to do so.

C. What Is the Effect of Today's

Authorization Decision?

The effect of this authorization

decision is that a facility in Washington

subject to RCRA will now have to

comply with the authorized State

requirements and with the federal

HSWA provisions for which the State is

not authorized in order to comply with

RCRA. Washington has enforcement

responsibilities under its State

hazardous waste program for violations

of its currently authorized program. but

EPA retains its authority under RCRA

sections 3007. 3008. 3013. and 7003.

which include, among others, authority

to:

• Do inspections and require

monitoring. tests. analyses. or reports.

• Enforce RCRA requirements and

suspend or revoke permits.

• Take enforcement actions regardless

of whether the State has taken its own

actions.

• Take an action where a situation

may present an imminent and

substantial endangerment to health or'

the environment.

This action does not impose

additional requirements on the

regulated community because the

regulations for which Washington is

requesting authorization are already

effective. and are not changed by this

approval. Therefore. if the EPA does not

receive adverse written comment on

Washington's application for program

revision by the end of the comment

period. the authorization of

Washington's revision shall become

effective on January 11. 2000 and EPA

will take no further action on the

companion document appearing in the

Proposed Rules section of today's

Federal Register.

D. What Happens IfEPA Receives

Comments ThatDppose This Action?

If the Agency-does receive adverse

written comment. it will publish a

notice withdrawing this immediate final

rule before its effective date. EPA then

will address the commentts) in a later

final rule based on me companion

document appearing in the Proposed

Rules section of today's Federal

Register. If we receive comments that

oppose only the authorization of a

. Checklist .~ . Federal requirements I, I',

t------------ ----- I

. ".--

------ -~

---~-------
55144 Federal-Register/VoL 64, No. 196.fTuesday; October 12, 1999/Rules and Regulations -

Checklist Federal requirements Federal Register An8Jogous State Authority 0f'/AC 1~03-.••)

171 Ground-Water Monitoring 50 FR 28702, 07/15185 .

17F .••••••••••••••••••• Uquids in Landfills I .•••••••••....••.• 50 FR 28702, 07/15185 .•••••••••••

......:

. ....."' .. . " ..;),

. ..

650:(2)0), 6~:(2)(h). :;~.- .~.1· ..

-". .,;; j ., '.'oJ

110:(3)(9), 120:(4)(c); (4)(d); (4)($); jOO:(5)(f);'320:(2)(c),

380:(1)(c); (1)(f), 390:(3)(d), 690:(l)(a);"(i )(b);(l')(b)(i);

(l)(b)(ii): (l)(b)(iii); (2), 691:(1)(a);: (1)(b): '(b)(i);

(l)(b)(ii); (t)(c); (l)(d); (l)(e);(2); 300:(5)(f),:320,:(2)(c),

380:(1)(c); (1)(f),'·.390:(3)(d), 400:(3)(a), 80f;lJ(4-)(a)(v);

(4)(a)(viii)(D); (4)(a).(viiij(E)~,{4)(a)(viii)(F); (4)0); {4)O)(i);

O)(ii); (4)O)(ii)(A); (4)(j)(li)(8);, (4)(j)(ii)(C); {4W)(iii);

(4)(j)(iv); ,',.(4)O)(iv)(A):' (4)(j)(iv)(8); - :.~4)m(iv)(C):

(4)0)(iv)(D); (4)0)(iv)(E); (4)(k);. ,(4)(k)(i);. (4)(k)(i)(A);

(4)(k)(i)(8); (4)(k)(i)(C);. (4)(k)(i)(D); (4)(l<)(i)(E);

(4)(k)(i)(F); (4)(k)(ii); (4)(k)(iii); (4)(kj(iv);' (4)(k)(v);

(4)(k)(v)(A); (4)(k)(v)(B); (4)(k)(v)(C); (4)(k)(v)(D);

(4)(k)(v)(E).

300:(2); (4)(a); (5)(a), 610:(3)(c)(ii)(A); (3)(c)(ii)(8); (4)(a);

(4)(a)(ii)(A); (4)(b); (4)(b)(ii)(A); (4)(c); (4)(d); (4)(d)(i);

(4)(d)(i)(A); (4)(d)(i)(8); (4)(d)(i)(C); (4)(d)(i)(D);

(4)(d)(i)(E): (4)(d)(ii); (4)(d)(iii); (4)(d)(iv); (4)(e);

(4)(e)(i); (4)(e)(i)(A); (4)(e)(i)(8); (4)(e)(ii); (4)(e)(iii);

(4)(e)(iv); (4)(e)(iv)(A); (4)(e)(iv)(B); (4)(e)(iv)(C);

(4)(e)(v); (4)(e)(vi); (4)(e)(vii); (4)(e)(vii)(A);

(4)(e)(vii)(8); (4)(e)(vii)(C); (4)(e)(vii)(D); (4)(e)(vii)(E),

620:(3)(a)(iii); (3)(a)(iv), 3OO:(2);(4)(a); (5)(a),

400:(3)(a), 830:Appendix 1 D.(l)(f).

110:(3)(a); (3)(f).

140:(4)(b); (4)(b)(i); (4)(b)(iv): (4)(b)(iv)(A): (4)(b)(iv)(8),

400:(3)(a).

645:(1 )(b), 650:(3); (4)(b)(iii): (6)(b)(ii), 660:(5)(b)(ii),.

665:(4)(b)(ii); (6)(b)(ii). .

830:(3)(a)(v), 806:(11)(d).

9904, 110:(3)(f), 082:(4) •

9903, 9904, 110:(3)(f); 082:(4), 9905.

070:(8)(b)(iii), 230:(1); (2); (3)(b), 120:(2)(a)(i), 220:(l)(a),

600:(3)(f), 160:(2)(b), 180:(1), 240:(3)(a), 250:(9)(c).

180:(1).

54 FR 33376, 08114189 ..

51 FR 35190, 10101/86 ..

52 FR 35894, 09/23187 220: (2)(a); (2)(b) & (c), 210 & 22?

52 FR 45788, 12101/87 (WAC 173-216-050): 400:(2)(c)(ii), 802:(3).

52 FR 45788, 12101/87 830:(3)(a)(iii).

52 FR 45788, 12101/87 810:(8).

52 FR 45788,12101/87 800:(11).

53 FR 43878, 10/31/88 9903,9905.

53 FR 43881,10/31/88 9903,9905.

52 FR 45788, 12101/87 802:(2), 806:(4)(a)(xiii), 800:(9); (9)(a); (9)(b); (9)(b)(i);

(9)(b)(ii); (10)(a); (10)(b); (10)(c).

53 FR 27162, 07/19/88 070:(8)(a)(ii) & (iii).

54 FR 50968, 12111/89 .•••.••••••• 9904, 082:(4), 9905.

55 FR 5340, 02114/90 9904.

55 FR 8948, 03109190 110:(3)(a), 110:(3t(f). .. :. "

50 FR 28702, 07115185 .

. 51 FR 5327, 02113186 .

51 FR 6537, 02125186 ..

51 FR 28664, 08108186 .

Permit Ufe .

Usting of ED8 wastes .

Ustings of Four Spent Solvents

Exports of Hazardous Waste· .•

Identification and Usting of

Hazardous Waste; Technical

Correction.

Identification and Usting of

Hazardous Waste; Removal

of Iron Dextran from the Ust

of Hazardous Wastes.

Identification and Usting of

Hazardous Waste; Removal

of Strontium Sulfide from the

Ust of Hazardous Waste.

Delay of Closure. Period for

Hazardous Waste Management Facilities·.

Testing and Monitoring Activi- 54 FR 40260, 09/29/89 ..

ties.

Reportable Quantity Adjustment 54 FR 41402,10/06189 9904, 110:(3)(f), 082:(4).

Methyl Bromide Production

Waste.

Reportable Quantity Adjustment

Modification of F019 Usting .....

Testing and Monitoring Activities; Technical Corrections. ..

Usting of 1,1- 55 FR 18496,05102190 9904, 110:(3)(f), 082:(4).

Dimethylhydrazine Production Wastes.

HSWA Codification Rule; Dou- 55 FR 19262,05109/90 ..

ble Uners; Correction.

Hazardous Waste Treatment, 55 FR 25454, 06121/90 ..

StqlClge, and Disposal Facilitie5--9rganic Air Emission.

Standards for Process Vents

and Equipment Leaks.

64 : .

57 ..

47 .

56 ..

17N .

21 ..

22 ..

31 .••:•..••••••••••.••••

68 ..

75 ..

67 ..

69 .

72 .

73 .

77 ..

79 .

32 Standards for GeneratorsWaste Minimization certification.

42 Exception Reporting for Small

52 Quantity Generators of

Hazardous Waste·. :

.44C ......;............. Corrective Action for Injection

Wells·.

44D Permit Modification ..

44E ..:................. ~':Permit as a Shield Provision ..

44F Permit Conditions to Protect

Human Health and the Envi-

; .. ronment

44G Post-Glosure Permits ..
Federal Register/Vol. 64, No. 196/TueSday, October 12, 1999/Rules and Regulations 55145

Checklist Federal requirements Federal- Register Analogous State Authority 0NAC 173-303-...)

56 FR 21955,05/13/91 .••...••.... 9904.

56 FR 19290,04126191 ..•.•....••• 690: (1)(a); (1)(b); (2), 691:(2). 300:(5)(1), 380:(1)(c).

400:(3)(a). 806:(4)(j)(iv)(B); (4)(k)(v)(B).

230:(1). '

040, 400:(3)(a).

040, 320:(2)(c), 335:(1); (1)(a); (1)(b); (1)(b)(i); 11 )(b)(ii);

(1)(b)(iii); (1)(b)(iv); (1)(b)(v); (1)(b)(vi); (2); (2)(a);

(2)(b); (2)(e); (3); (3)(a); (3)(a)(i); (3)(a)(ii); (3)(a)(iii);

(3)(b); (4). 380:(1)(f), 650:(2)(j); (2)(j)(i); (2)(j)(i)(A);

(2)(j)(i)(B); (2)(j)(ii); (2)(j)(iii); (2)(j)(iii)(A); (2)(j)(iii)(B);

(2)(j)(iii)(C); (2)(j)(iii)(D); (2)(j)(iii)(E); (2)(j)(iv); (2)(j)(v);

(2)(k); (2)(k)(i); (2)(k)(ii); (2)(m); (2)(m)(i); (2)(m)(ii);

(2)(1); (g) (h); (i); (10)(a); (10)(b); (11)(a); (11)(b);

(11)(b)(i); (11)(b)(ii); (11)(b)(iii); (11)(b)(iv); (11)(b)(v);

(11)(b)(vi); (11)(e); (11)(e)(i); (11)(e)(ii); (11)(e)(iii);

(11)(e)(iv); (4)(d)(i); (4)(d)(ii); (4)(d)(iii); (6)(b)(ii);

(6)(b)(iii); (6)(b)(iv), 660:(2)(j); (2)(j)(i); (2)(j)(i)(A);

(2)(j)(i)(B); (2)(j)(i)(C); (2)(j)(ii); (2)(j)(iii); (2)(j)(iii)(A);

(2)(j)(iii)(B); (2)(j)(iii)(C); (2)(j)(iii)(D); (2)(j)(iii)(E);

(2)(j)(iv); (2)(j)(v); (2)(k); (2)(k)(i); (2)(k)(ii); (2)(1); (2)(m);

(2)(m)(i); (2)(m)(ii); (2)(d)(e); (f); (g); (h) & (i); (3)(a);

(4)(a); (4)(b); (4)(b)(i); (4)(b)(ii); (4)(b)(iii); (4)(b)(iv);

(4)(b)(v); (4)(b)(vi); (4)(e); (4)(e)(i)(A); (4)(e)(i)(B);

(4)(c)(i)(C); (4)(e)(ii); (5)(e), 665:(h); (2)(h)(i);

(2)(h)(i)(A); (2)(h)(i)(B); (2)(h)(i)(C); (2)(h)(ii); (2)(h)(iii);

(2)(h)(iii)(A); (2)(h)(iii)(B); (2)(h)(iii)(C); (2)(h)(iii)(D);

(2)(h)(iii)(E); (2)(h)(iv); (2)(h)(v); (j); (j)(i); (j)(ii); (2)(1);

(2)(I)(i); (2)(I)(ii); (2)(eHg); (8)(a); (8)(b); (4)(e)(i);

(4)(e)(ii); (4)(e)(iii); (9)(a); (9)(b); (9)(b)(i); (9)(b)(ii);

(9)(b)(iii); (9)(b)(iv); (9)(b)(v); (9)(b)(vi); (9)(e); (9)(e)(i);

(9)(e)(ii); (9)(e)(iii); -(9)(e)(iv); (6)(b)(ii); (6)(b)(ivHvi).

320:(2)(e), 400:(3)(a). 380:(1)(1), 810:(8)(a); (8)(a)(i);

(8)(a)(ii); (8)(a)(iii), 806:(4)(d)(ii); (4)(d)(ii)(D);

(4)(d)(ii)(E); (4)(d)(ii)(F); (4)(d)(ii)(G); (4)(d)(ii)(B) & (c);

(d)(iv); (4)(e)(iii); (4)(e)(iii)(A)(I); (4)(e)(iii)(A)(II);

(4)(e)(iii)(A)(fII); (4)(e)(iii)(A)(IV); (4)(e)(iii)(A)(V);

(4)(e)(v); (4)(h)(ii); (4)(h)(ii)(A)(I); (4)(h)(ii)(A)(II);

(4)(h)(ii)(A)(III); (4)(h)(ii)(A)(IV); (4)(h)(ii)(A)(V);

(4)(h)(iv), 830 appendix 1.

620: (2)(h); (4)(b); ,(6)(b); (8)(a); (8)(b); (8)(1); (10),

400:(3)(a).

9903,9904.

506: (2)(3).

53FR 33938, 09/01/88; 56 FR

30200, 07/01/91; ,57 FA

42832, 09116/92.

57 FR 47376, 10115/92 ............9904.082:(4).

57 FR 54452, 11/18/92 040, 300:(6)(e), 14O:(4)(b)(i); (4)(b)(ii)(A)(II); (4)(b)(iv);

(4)(b)(iv)(A); (4)(b)(iv)(A)(I); (4)(b)(iv)(A)(II);

(4)(b)(iv)(A)(III); (4)(b)(iv)(B); (4)(b)(iv)(B)(I);

,(4)(b)(iv)(B)(II); (4)(b)(v); (4)(b)(v)(A); (4)(b)(v)(B).

161:(2); (3), 400:(3)(a).

57 FR -3462. 01/29/92 ..

56 FR 43704, 09/04191

56 FR 66365. 12/23/91

56 FR 7567. 02125191

56 FR 5910, {)2/13191

55 FR 46354, 11/02/90; as 9904, 9904; ltnote: 2; 2(a); 2(b)(i); 2(b)(i)(i); 2(b)(i)(ii);

amended on 12/17190 at 55 2(b)(i)(iii); 2(b)(ii); 2(b)(ii)(i); 2(b)(ii)(ii); 2(c)(i); 2(c)(ii);

FA 51707. 2(c)(ii)(A); 2(c)(ii)(B). 082:(4).

Consolidated Uability Requirements: Financial Responsibility for Third-Party Uability,

Closure, and PostoClosure.

Chlorinated Toluenes Production Waste Usting.

Uquids in Landfills II .••...••••••.•.••

Petroleum Refinery Primary

and secondary OillWaterl

Solids Separation Sludge

Ustings (F037 & F038).

Toxicity Characteristic;

'Chlorofluoro-carbon

Refrigerants·.

Removal of Strontium Sulfide

From the Ust of Hazardous

Wastes; Technical 'Amendment.

Organic Air Emission Stand·

ards for Precess Vents and

Equipment Leaks; Technical

Amendment.

Revision to the Petroleum R&'

fining Primary and Secondary

OillWater/Sotids Separation

!. Sludge Ustings (F037 and

" F038).

Exports of Hazardous Waste;

Technical Correction.

Amendments to Interim Status

Standards for Downgradient

Ground-Water Monitoring

Well Locations.

Uners and Leak Detection Systems for Hazardous Waste

Land Disposal Units.

113 .•.••••.........••••

118 .•..•....•...•••....

115 ......••••••....•..•

100 .........•••...•....

99 ..........••:~ ...•....

97 .....•••••......•.••••

89 ...•..••••...•...•••••

87- ..

86 .•.....••••••••.••••••

84 .

81 .••••••••••••.••••••••

~~-_._- ------- - '- --------- ----- -------
-,

55146 Federal Register/Vol. 64, No. 196/Tuesday, October 12. 1999/Rules and Regulations

Checldist Federal requirements Federal Register , Analogous Slate Authority (WAC 173-303-,..)

49 & 129 (Consolidated

Checklist).

119 Toxicity Characteristic Revision;

TCLP Correction.

137 Universal Treatment Standards

'..and Treatment Standards lor

Organic Toxicity Characteristics Wastes and Newly Usted

Waste (HSWAINon-HSWA).

14 Dioxin Waste UstIng and Management Standards",

60 Amendment to Requirements

- lor Hazardous Waste Incinerator Pennits.

~;ld8ntiflcation and Ustlng of

Hazardous Waste; Treatability Studies Sample

Exemption" as of 06130194.

. 82, 91, 92, 101, Wood Preserving Usting" as of

& 120 (Can- 06130/94.

solidated

checklist).

57 FA 55114, 11124192; as amended on 02102193. at 58

FA 6854.

59 FR 47982, 09119/94; as amended at 6Q·FA 242. 011

03195.

50 FR1978, 01114185 ..

54 FR 4286,01130/89 ..

53 FA 27290, 07129/88; 59 FR

8362,02118194.

55 FR 50450, 12106190; 56 FR

27332, 06/13191; 56 FR

30192, 07/01/91; 57 FR

5859, 02118192; 57 FR

61492, 12124192.

110:(3)(1).

017:(5)(a); (5)(a)(ii); (5)(b)(i); (5)(b)(ii);(6); (7); (7)(a);

(7)(b); (2)(iii), 600:(3)(n), 400:(2)(c)(ix), 505:(2)(c),

14O:(2)(a).

070:(8)(a); (7)(a), 081:(2)(a)(iv) & 082:(2)(b), 160:(2)(a);

(2)(b)&(c), 082:(2)(a); 9904, 9903, 110:(3)(c); 082:(5);

9905, 110:(3)(d); 630:(7)(c), 650:(9)(a); (9)(b),

660:(10)(a); (10)(b), 655:(12)(a); (12)(b), 14O:(2)(a),

600:(6) & 665:(1); 670:(4)(a)(i), 400:(3)(a),

806:(4)(a)(vii); (4)(c)(vii); (4)(d)(x); (4)(e)(x); (4)(g)(viii);

(4)(h)(vii).

807:(10).

040, 071:(3)(r)(i); (3)(r)(i)(A); (3)(r)(t)(B); (3)(r)(i)(C);

(3)(r)(ii); (3Y{r')(ii)(A); (3)(r)(ii)(B); (3)(r)(ii)(C);

(3)(r)(ii)(C)(I); (3)(r)(ii}(C)(II); (3)(r)(ii)(D); (3)(r)(ii)(E);

(3)(r)(ii)(E)(IHIII); (3)(r)(ii)(F); (3)(r)(iii); (3)(r)(iii);

(3)(r)(iii)(A); (3)(r)(iii)(B); (3)(r)(iii)(C); (3)(r)(iii)(C)(I);

(3)(r)(iii)(C)(II); (3)(r)(iii)(C)(III); (3)(r)(iii)(C)(IV);

(3)(r)(iii)(C)(V); (3)(s); (3)(s)(i); (3)(s)(ii); (3)(s)(iii);

(3)(s)(iv); (3)(s)(v); (3)(s)(vi); (3}(s)(vii); (3)(s)(vii); (A

thru G); (3)(s)(viii); (3)(s)(ix); (3)(s)(ix)(A thru G);

(3)(s)(x); (3)(r)(i)(D); (3)(s)(xi).

040, 071:(3)(w)(i); (3)(w)(ii), 9904, 083:(1); (2); (2)(a);

(2)(a)(i); (2)(a)(ii); (2)(a)(iii); (2)(b); (2)(b)(i); (2)(b)(i)(A);

(2)(b)(i)(B); (2)(b)(i)(C); (2)(b)(i)(D); (2)(b)(i)(E);

(2)(b)(ii); (2)(b)(ii)(A); (2)(b)(ii)(B); (2)(b)(iii);

(2)(b)(iii)(A); (2)(B)(iii)(B); (2)(b)(iv); (2)(c); (2)(c)(i);

(2)(c)(i)(A); (2)(c)(i)(B); (2)(c)(i)(C); (2)(c)(ii); (2)(d); (3);

(3)(a); (3)(b); (3)(c); (3)(d); (3)(e); (3)(1); (3)(g); (3)(h);

(3)(i); (3)(j); (3)(k); (3)(1), 110:(3)(1), 082:(4), 9905,

200:(1)(b); (1)(b)(i); (1)(b)(ii); (1)(b)(iii); (1)(b)(iii)(A);

(1)(b)(iii)(B); (1)(c), 640:(1); (1)(d), 675:(1)(a); (1)(b);

(1)(c); (1)(c)(i); (1)(c)(ii); (1)(c)(iii); (1)(c)(iv); (2)(a);

(2)(b); (2)(c); (2)(d); (3); (3)(a); (3)(b); (4)(a);' (4)(a)(i);

(4)(a)(ii); (4)(a)(iii); (4)(a)(iv)(A); (4)(a)(iv)(B); (4)(a)(v);

(4)(b); (4)(b)(i); (4)(b)(i)(A); (4)(b)(i)(B); (4)(b)(i)(C);

(4)(b)(ii); (4)(b)(ii)(A); (4)(b)(ii)(A)(I); (4)(b)(ii)(A)(II);

(4)(b)(ii)(B); (4)(b)(ii)(C); (4)(b)(iii); (4)(c); (4)(d); (4)(e);

(4)(1); (4)(g); (4)(h); (4)(i); (4)(j); (4)(k); (4)(1); (4)(m);

(4)(m)(i); (4)(m)(i)(A); (4)(m)(i)(B); (4)(m)(i)(C);

(4)(m)(i)(D); (4)(m)(ii); (4)(m)(iii); (4)(n); (4)(0); (5)(a);

(5)(b); (5)(b)(i); (5)(b)(ii); (S)(b)(iii); (6)(a); (6)(b);

(6)(c)(i); (6)(c)(i)(A); (6)(c)(i)(B); (6)(c)(ii);400:(3)(a),

806:(4)(1); (4)(I)(i); (4)(I)(ii); (4)(I)(iii); (4)(I)(iii)(A);

(4)(I)(iii)(B); (4)(I1(iii}(C); (4)(I)(iii)(0); (4)(I)(iii)(E);

(4)(I)(iii)(F); (4)(I)(iii)(G); (4)(I)(iii)(H); (4)(I)(iii)(l);

(4)(I)(iii)(J); (4)(I)(iii)(K); (4)(I)(iii)(L); (4)(I)(iii)(M);

(4)(I)(iii)(N); (4)(I)(iii)(O); (4)(1)(iii)(P).

I" '

)~~ ..

- .~?'.:

I

..
Federal Register/Vol. 64. No. 196/Tuesday, October 12. 1999/Rules and Regulations 55147

Checklist Federal requirements F~eraJ Aegister Analogous Slate Authority CNAC 173-303-.••)

- ..

040, 180:(3)(1).

071:(3)(cc), 9904, 082:(4).

110:(3)(a); (3)(h)(iii); (3)(1); (1), 910:(4)(a), 090:(6)(a)(i);

(6)(a)(ii); (8)(a), 640:(l)(b), 14O:(4)(b)(iii); (2)(a),

400:(3)(a), 806:(4)(I)(iii)(A)(III); (4)(I)(iii)(A)(IV),

807:(2)(a)(iii); (2)(a)(iv).

110:(3)(a), 9905.

806:(2),840:(1); (10)(a); (10)(b) & (d); (10)(e); (2)(d)(i) &

(ii); (2)(d)(iii); (3)(e)(i)(C); (3)(e)(i)(D); (3)(e)(i)(E);

(5)(a).

505:(2)(c); (2)(d).

806:(5).

810:(19).

180:(1).

071 :(3)(c).

280:(5).

Chapter 42.17 ACW; RCW, 43.21A.160. CNAC 173-

303-..•) 040, 110:(3)(g); 090:(5)(a)(I), 910:(1)(a); (2);

(4), 016:(a), 071:(3)(bb)(I); (3)(bb)(II); (2)(a)(il)(A);

(2)(c); .(2)(c)(l); (2)(c)(il); (3)(x); (3)(n); (3)(1); (3),

070:(2)(a)(ii)(A); (2)(c); (8)(a) & (b); (3)(a)(iii); (1)(b);

(l)(b) & (7)(a) & (7)(c); (7); (8)(a); (6), 081:(2); (l)(c),

120:(2)(a); (4)(d), 160:(3), 090:(5)(b); (6)(b); (7)(b);

(8)(b), 9904; 082:(4), 200:'(1)(b)(iii); (1)(b)(iil)(B);

(l)(b)(iv); (l)(b)(iv)(A); (1)(b)(iv)(B); (l)(c); (l)(e) & (I),

201:(2), 230:(3)(b); 240:(5), 6OO:(3)(n); (6), 300:(2);

(5)(1); (5)(h); (5)(h)(i); (5)(h)(ii); (5)(h)(iii); (5)(h)(iii)(A);

(5)(h)(iii)(B); (5)(h)(ifi)(B)(I); (5)(h)(iii)(B)(II), 380:(1)(c);

(1)(i); (1)(j); (1)(k); (1)(1); (l)(m); (1)(n); (1)(0), 610:(b);

(1)(b); (2)(b); (3)(a); (1)(b)(i); (1)(b)(iv); (l)(b)(ii);

(l)(b)(v); (3)(a), 650:(7). 660: (7), 655:(9), 665:(10)(a);

(8)(b), 161:(7), 695, 4OO:(2)(c)(ix); (4); (3)(a),

505:(1 )(b), 14O:(2)(a), 806:(2); (4)(a)(ii); (4)(a)(xviii)(M);

(3), 800:(8), 830:(4)(e)(iii)(B), 830 Appendix 1:8.1.b.;

8.1.c.; 8.1.d.: 1.6.; M. 805:(7)(b)(vi); (7)(b).

55 FA 2322.01/23190 ..

57 FA 37284, 08118192 ..

58 FA 46040, 08131/93: as

amended 09/19/94 at 59 FA

47980.

48 FA 14146, 04101/83; 48 FA

30113, 06130183; 53 FA

28118, 07126188; 53 FA

37396, 09/26/88; 54 FA 246,

01/04189.

50 FA 28702. 07115185 .

50 FA 28072. 07/15185 .

50 FA 28702. 07/15185 ..

53 FA 45089, 11/08188 ..

51 FA 40572, 11/07/86; 52 FA

21010, 06J04I87; 52 FA

25760, 07108187; 52 FA

41295, 10127/87; 53 FA

31138, 08117/88; 54 FA

8264, 02127/89; 54 FA

18836, .05102189: 54 FA

26594. 06123189; 54 FA

36967, 09106189; 55 FA

23935. 06113190; 55 FA

22520. 06101/90; 56 FA

3864,01/31/91; 56 FA

41164, 08119/91: 57 FA

8086. 03106192; 57 FA

20766. 05115192: 57 FA

.28628, 06126192; 57 FA

37194, 08118192: 57 FA

47772. 10/20192: 58 FA

26506, 05114193: 58 FA

'29860.05124193.

50 FA 28702, 07/15185 .

50 FA 28702, 07/15185 .

Land' Disposal Restrictions' as

of 06130194.

. jl

70 (Changes to

Part 124 Not

Accounted for

by Present

Checklist).

17G ..

17M ..

170 ..

58 .

34, 39, 50. 62,

63, 66. 78, 63.

95, 102. 103.

106. 109, 116,

123 & 124

(Consolidated

checklist).

17C Household Waste ..

17E Location Standards for Salt

Domes, Salt Beds. Underground Mines and Caves.

Dust Suppression.' .

Pre-construction Ban' ..

Omnibus Provision .

Standards for Generators of

Hazardous Waste; Manifest

Renewal. .

Environmental Permit Regulations; RCAA Hazardous

Waste; SDWA Underground

Injection Control; CWA National Pollutant Discharge

Elimination System; CWA

Section 404 Dredge or RII

Programs; and CM Prevention of Significant Deterioration (See Revision Checklist

70 in Non-Hwsa Cluster VI)

Hazardous Waste Manage- t,

ment System; Permit Program; Requirements for Authorization of State Programs; Procedures for Deci·

sian making; Identification

and Listing of Hazardous

Waste; Standards for Owners

and Operators of Hazardous

Waste Storage, Treatment.

and Disposal Facilities; Correction. Safe Drinking Water

, '; . Act, National Drinking Water

:" .: . Aegulations: Indian Lands.

National Pollutant· Discharge

Elimination System Permit

") .," Regulations. .

\71 :•.;........;.•, Minirig Waste Exclusion II" .

. 10 : ::.............. Coke By-Products Listings ..

126 Testing and Monitoring

.' If: Activities'.

128 Wastes From the Use of 59 FA 458, 01/04194 .

Chlorophenolic Formulations

in Wood Surface Protection.

131 .:.................. Record keeping Instructions; 59 FA 13891, 03124194 380:(2)(c) Table 1; (2)(d) Table 2.

Technical Amendment.

--,-~33..:.................. Letter ~f CreditRev~sion 59 FA 29958, 06110/94 620:(10).

. 134 Correction of Berylhum Powder 59 FA 31551. 06120194 9903,9905. 14O:(2)(a).

: (POlS) Listing. .

-_._- _._---~~---

-- - - - -- -- --~ -- - --- -- -_._- --- --~._--~ -- -
"

55148 Federal Register/Vol. 64. No. -196lTuesday, October 12, 1999/Rules and Regulations

Checldlst Federal requirements Federal Register . Analogous State Authority (WAC 173--303-. . .)

04O:intro. 070:(7)(e); (7)(e)(i); (7)(e)(iii); (7)(e)(iv);

(7)(e)(v); (8)(b)(iii); (8)(b)(iii)(AHc) & (E); (8)(b)(iii)(D);

(8)(b)(iii)(G); 077 intro, 070:(1)(e); (7); (8); (b),

600:(3)(0): 400:(2)(ix), 140:(2)(a), 800:(7)(e)(iii),

573:(1)(a); (1)(b); (4)(a); (4)(a)(i); (4)(a)(ii); (4)(b), 040,

573:(6); (7); (7J.(a); (7)(b); (8); (10);' (11)(a); (11)(b);

(11)(e); (11)(eW); (11)(e)(ii); (11)(e)(iii); (11)(e)(iv);

(11)(e)(v); (11)(e)(vi); (12); (13)(a);' (13)(b); (14)(a);

(14)(b); (14)(e); (14)(d); (14)(e); (14)(e)(i); (14)(e)(ii);

(14)(f); (14)(f)(i); (14)(f)(ii); (14)(9); (14)(h); (15); (16);

(16)(a); (16)(b); (16)(e); (17); (18); (18)(a); (18)(b);

(19)(a)(i); (19)(a)(ii); (19)(b); (19)(b)(i); (19)(b)(ii);

(19)(b)(iii); (19)(b)(iv); (19)(b)(v); (21); (22)(a); (22)(b);

(22)(e); (22)(e)(i); (22)(e)(ii); (22)(e)(iii); (22)(e)(iv);

(22)(e)(v); (22)(e)(vi); (23); (24)(a); (24)(b); (25)(a);

(25)(b); (25)(e); (25)(d); (25)(e); (25)(e)(i); (25)(e)(ii);

(25)(f); (25)(f)(i); (25)(f)(ii); (25)(g); (25)(h); (26)(a);

(26)(a)(i); (26)(a)(ii); (26)(a)(iii);(26)(b); (26)(b)(i);

(26)(b)(ii); (26)(b)(iii); (26)(e)(i); (26)(e)(ii); (27); (27)(a);

(27)(b); (27)(e); (28); (29); (29)(a); (29)(b); (30)(a);

(30)(b); (31)(a); (31)(b); (32)(a); (32)(b); (33)(a);

(33)(b); (34); (34)(a); (34)(b); (35)(a); (35)(b); (36)(a);

(36)(b); (36)(b)(i); (36)(b)(ii); (36)(e); (36)(d); (37)(a);

(37)(a)(i); (37)(a)(ii); (37)(a)(iii); (37)(b); (38); (38)(a);

(38)(b); (38)(e).

040. 120:(2)(iv); (v); (vii); (viii), 077:(a), 600:(3)(0)(i),

400:(2)(e)(xi)(A), 520:(intro); (1); (2), 14O:(2)(a),

800:(7)(e)(iii)(A), 573:(1)(a)(i); (2){a)(i); (2)(a)(ii); (2)(b);

(2)(b)(i); (2)(b)(ii); (2)(b)(iii); (2)(e)(i); (2)(e)(ii); (9)(a);

(9)(a)(i); (9)(a)(ii); (9)(a)(ii)(A); (9)(a)(ii)(B); (9)(a)(ii)(C);

(9)(a)(ii)(D); (9)(a)(ii)(E); (9)(a)(ii)(F); (9)(a)(ii)(G);

(9)(a)(iii); (9)(a)(iii)(A); (9)(a)(iii)(B); (10)(a); (20)(a);

(20)(a)(i); (20)(a)(ii); (20)(a)(ii)(A); (20)(a)(ii)(B);

(20)(a)(ii)(C); (20)(a)(ii)(D); (20)(a)(ii)(E); (20)(a)(ii)(F);

(20)(a)(ii)(G); (20)(a)(iii); (20)(a)(iii)(A); (20)(a)(iii)(B);

(21)(a).

040, 077:(b), 600:(3)(0)(ii), 400:(2)(e)(xi)(B), 14O:(2)(a),

800:(7)(e)(iii)(B), 573:(1)(a)(ii); (3)(a); (3)(b); (3)(b)(i);

(3)(b)(ii); (3)(e)(i); (3)(e)(ii); (9)(b); (9)(b)(i); (9)(b)(ii);

(9)(b)(ii)(A); (9)(b)(ii)(B); (9)(b)(ii)(C); (9)(b)(ii)(D);

(9)(b)(ii)(E); (9)(b)(ii)(F);:, (9)(b)(ii)(G); (9)(b)(ii)(H);

(9)(b)(iii)(A); (9)(b)(iii)(A)( I); (9}(b)(iii)(A)(II); (9)(b)(iii)(B);

(9)(b)(iii)(C); (10)(b); (20)(b);. (20)(b)(i); (20)(b)(ii);

(20)(b)(ii)(A); (20)(b)(ii)(B); (20)(b)(ii)(C); (20)(b)(ii)(D);

(20)(b)(ii)(E); (20)(b)(ii)(F); (20)(b)(ii)(G);..(20)(b)(ii)(H);

(20)(b)(iii)(A); (20)(b)(iii)(A)(I);. (20.)(b)(iii)(A)(II);

(20)(b)(iii)(B); (2)(b)(iii)(C); (21)(b). .... . r ,

910:(1)(a); (7)(a); (2)(b); (7)(e); (7)(d), 573:(39)(a);

(39)(b); (39)(e); (4O)(a); (4O)(b); (40)(e); (40)(d);

(4O)(e); (4O)(f); (4O)(g); (40)(h).

14O:(4)(b)(iv)(A)(II); (4)(b)(iv)(A)(III).

071:(3)(cc).

110:(3)(a).

60 FA 35703. 07/11/95 .

61 FR 13103,03126196 ..

60 FA 7824. 02/09/95; as amended at 60 FA 19165,

04117/95; and at 60 FR

25619.05112/95.

60 FA 17001, 04104195 .

60 FA 3089. 01/13195 110:(3)(a).

071:(3)(dd), 9904, 9903, 082:(4), 9905.

Removal of the Conditional Exemption for Certain Slag

; Residues.

Testing and Monitoring Activities Amendment I.

Carbamate Production Identifieatlon and Listing of Hazardous Waste·.

Uquids in Landfills III ..

Amendments to the Definition

ofSofid Waste; Amendment

II: Recovered Oil Exclusion.

Correction.

1420 : Specific Provisions for Thermo- 60 FR 25492, 05111/95 .

stats.

142E Petition Provisions to Add a 60 FR 25492, 05111/95 .

New Universal Waste.

142B Specific Provisions for Batteries 60 FR 25492. 05111/95 ..

136 .

145 ..

150 ..

140 ..

141 Testing and Monitoring Activilies Amendment II.

142 Universal Waste Rule: 60 FR 25492, 05111/95 ..

142A General Provisions·

135 Recovered Oil Exclusion 59 FR 38536, 07128/94 071:(3)(p); (3)(cc), 120:(2)(a)(v); (2)(a)(vi), (2)(a)(viii);

(2)(a)(ix).

59 FR 43496, 08124194 505:(1)(b)(ii), 140:(2)(a).

139 .
Federal Register/Vol. 64. No. 196/Tuesday. October 12. 1999/Rules and Regulations 55149

Checklist F~eral requirements Federal Register Analogous Slate Authority (WAC 173-303-...)

159 .................... Conformance with the carea- 6~ FR 32974. 06/17/97 ............ 9904. 9903. 9905. 082:(4). 14O:(2)(a).

mate Vacatur: Carbamate

Production. Identification and

Listing of Hazardous Waste;

..Land Disposal Restrictions.

"Indicates State provision is more stringent.

-Indicates Slate provision is broader in scope.

. ---~--- ---------- -- --- -- -----.: -.---,

G. Where Are the Revised State Rules

Different From the Federal Rules? .

Certain portions of the federal

program are not delegable to the states

because of the Federal government's

.special role in foreign policy matters.

and because of national concerns that

arise with certain decisions. EPA does

not delegate import/export functions.

Under the RCRA regulations found in 40

CFRPart 262 EPA will continue to

implement requirements for import/

export functions. EPA does not delegate

sections of 40 CFR part 268 because of

the national concerns that must be

examined when decisions are made

under the following Federal Land

Disposal Restriction requirements: 40

CFR 268.5-Procedures for case-by-case

effective date extensions; 40 CFR

268.6-"No migration" petitions; 40

CFR 268.42(b)-applications for

alternate treaunent methods; and 40

CFR 268.44(a)-(g)-general treaunent

standard variances. Washington's state

program has excluded these

requirements from its state regulations

and EPA will continue to implement

these requirements. The Federal Land

Disposal Restrictions governing sitespecific variances. 40 CFR 268.44(h)-

(m) are delegable to the states but the

State program excluded the

requirements of 40 CFR 268.44(i)-(m)

from its state regulations. EPA will

continue to implement these

requirements. The state program is

authorized under today's rulemaking.

effective on the effective date of this

rule. for its regulation equivalent to 40

CFR,,268.44(h). States are allowed to seek

authortzatton-for state requirements that

are more.stringent than federal

requirementsEfA has authority to

authorize and enforce those parts of a

state's program EPA finds to be more

stringent than the federal program. The

following state. regulations are more

stringent thanJ.he federal provisions and

are part of.the State's authorized

program: . . ; .

. Exports of Hazardous Waste (51 FR

28664. 8/8186"Checklist 31): The State

regulation WAC 173-303-220(1)(a). as

appltcable.to u.s. shipments and U.S.

sites. is more stringent than the federal

reqUireme~ts found at 40 CFR 262..l1(a)

+------~_···~:·c,-·- -:.-" --; - - ... ""t.'_·

because. as to those U.S. shipments and

U.S. sites. the State program requires

annual reporting whereas the federal

rule requires biennial reporting. ..Exception Reporting for Small

Quantity Generators of Hazardous Waste

(52 FR 35894,9/23/87, Checklist 42):

The State regulations WAC 173-303-

210.220 and 220(2)(a) are more

stringent for exception reporting for

generators of 100 to 1.000 kg/month

because the state regulations require

such generators to follow the same

requirements as generators of greater'

than 1000 kg/month. The State is also

more stringent at WAC 173-303- . 220(2)(d) because the State program can

require a generator to submit exception

reports in less time than the federal

program if the generator endangers

public health or the environment.

Corrective Action for Injection Wells

(52 FR 45788, 12/1187. Checklist 44C):

The State's regulation for "permit by

rule." WAC 173-303-802(3). for

injection wells is more stringent than

the federal requirements 40 CFR

264.101. 270.60(b)(3)(i) and (b)(3)(ii)

because the State program requires

compliance with WAC 173-303-060.

the use of notification and identification

numbers. The State program's

prohibition on the disposal of state-only

extremely hazardous waste (EHW) in

underground injection wells is a

provision that is broader in scope than

the federal program and is not

authorized as part of this decision.

Treatability Studies Sample

Exemption (53 FR 27290. 7/29/88.

Checklist 49): The State's program has

two provisions for which the State is

more stringent than the federal

requirements found at 40 CFR

261.4(e)(2)(vi) and 40 CFR 261.4(f). At

WAC 173-303-071 (3)(r)(ii)(F) and WAC

173-303-071 (3)(s) the state requires

annual rather than biannual reports. The

State also has provisions at 173-303-

071 (3)(s)(xii) and (xin) which are more

stringent than federal requirements .

because they require the date, the words

hazardous or dangerous waste and the

major risks associated with the waste 'to

bemarked on each container. The State

program's' provision at 173-303-

071 (3)(r)(i)(0). is not considered more

stringent but is a clarification consistent.

with the Federal rule 40 CFR 261.4

(f)(1O).

Delay of Closure Period for Hazardous

Waste Management Facilities (54 FR

33376.8/14/89. Checklist 64): The

State's regulation WAC 173;-303-

61O(3)(c)(ii)(A) is more stringent than

the federal requirement found at 40 CFR

264.1 ~(d)(2)(i) because it.requires the

owner or operator to continue to take

steps to prevent threats to human health

and the environment beyond those

otherwise required by the federal

regulation. . Toxicity Characteristic:

Chlorofluorocarbon Refrigerants (56 FR

5910. 2/13/91. Checklist 84): The State's

regulations. WAC 173-303-506(2) and

(3). are more stringent than the federal .

requirement found at 40 CFR

261.4(b)(12) because the state program

includes generator record keeping

requirements and facility requirements.

Wood Preserving Listings' (56 FR

30192.711199. Checklist 92): The State's

regulation WAC 173-303-200(1)(b)(i) is

more stringent than the Federal

requirements found at 40 CFR

262.34(a)(1)(i) because of the following

cross citations:

• At WAC 173-303-640(2), analog to

40 CFR 265.171. the State program

requires the owner or operator to

address leaks. spills and discharges into

the environment and in emergencies;

• At WAC 173-303-640(3). the State

program requires the owner or operator

to label containers to identify the major

risks associated with the contents of the

container;

• The State program specifies at WAC

173-303-640(5). analog to 40 CFR

265,173. a minimum aisle space

between containers and that a row of'

containers must be no wider than 2

drums;

• The State programrequires at WAC

173-303-640(6), analog to 40 CFR

265.174. that an inspection log must be

maintained:

• The State has particular

requirements for incompatible wastes.

WAC 173-303-640(10). for closure; and

• The State program has authority to

require secondary containment.

The State's wording although

different at WAC 173-303-640(8),

analog to 40 CFR 265.176. is equivalent '., ...
55150 Feder3IRegister/Vol. 64. No. 196-1Tuesday, October 12. 1999/Rules and Regulations

to the federal program because the State

requires that containers be stored in a

manner equivalent to the Uniform Fire

Code.

The State's regulation WAC 173-303-

200(1)(b)(ii) is more stringent than the

Federal requirements found at 40 CFR

262.34(a)(1) (Il). because of the following ,

cross citations:

• WAC 173-303-640(2)(e)and WAC

173-303-640(3)(b) in the state program

require scheduling integrity

assessments;

• WAC 173-j03-640(5)(d) and (e)

provide additional protective -

requirements in the state program: WAC

173-303-640(5)(d) requires the operator

, to Iabel'tanks to identify the waste

contained in the tank; WAC 173-303-

640(5)(e) requires all tank systems that

hold dangerous wastes that are acutely

or chronically toxic by inhalation to be

designed ;0 prevent the escape of

vapors. fumes or other emissions into

the air:

• WAC 173-303-640(7)(d)(i) is more

stringent than the Federal analog, 40

CFR 265.196(d) because the State

program requires a facility to report.

whichever is the less. any release greater

than or equal to one pound. or the

reportable quantity, while the federal

regulation requires reporting only of

releases that equal or exceed one pound:

• WAC 173-303'-640(9)(b) is more

stringent than the Federal analog at 40

CFR 265.198(b) because the State '

program requires that 'tanks be located

in a manner equivalent either to the

National Fire Protection Association's

buffer zone requirements (the Federal

requirement) or as required by State and

local fire codes. whichever is more

stringent: furthermore, the state program

is also more stringent in its requirement

for yearly inspections.

Land Disposal Restrictions (51 FR

40572. 11/7/86 and 52 FR 21010,

6/4/87. Checklist 34): The State

regulation WAC 173-303-120(2)(a) is

more stringent than the federal

requirement found at 40 CFR 261.6(a)(3)

as the state has additional requirements

for recyclable materials: WAC 173-303-

050 provides authority to take action for

a discharge or a potential discharge or

release into the environment. WAC 173-

303-145 provides authority to require a

responsible person to address spills and

discharges into the environment. WAC

173-303-960 provides regulatory

authority to address imminent and

substantial endangerment to health or

the environment. EPA has statutory

authority to address imminent and ,

substantial endangerment to health or

the environment and does not consider

this state regulation to be more stringent

than EPA's existing statutory authortty

under the federal RCRA program. To the

extent the state has authority to address

imminent and substantial endangerment

to health or the environment as a

regulatory requirement under the state

program directly applicable to the

recyclable materials. EPA considers the

State program to be equivalent to the

federal program.

Pre-construction Ban (50 FR 28702.

7/15/85, Checklist 17M): The State is

more stringent because it chose not to

adopt the optional and less stringent

federal requirement at 40 CFR

270.10(t)(3) for construction of TSCA

RCBincineration.

Testing and Monitoring Activities (58

FR 46040,8/31/93, Checklist 126): The

State regulation WAC 173-303-

91O(4)(a) is more stringent than the

federal requirement at 40 CFR

260.22(d)(l)(i) because the State does

not exclude wastes that are considered

hazardous under 40 CFR Part 261, but

only has authority to exclude wastes

that EPA has excluded under the

petition process as hazardous wastes.

Carbamate Production Identification

and Listing of Hazardous Waste (60 FR

7824.2/9/95, amended at 60 FR 19165.

4/17/95 and at 60 FR 25619, 5/12/95

Checklist 140): The State is more

stringent because it does not include the

de minirnus wastewater "exclusions"

found in the federal program at 40 CFR

261.3(a)(2)(iv) (E), (F) and (G).

Universal Waste: General Provision

(60 FR 25492,5/11/95 Checklist 142A):

The State is more stringent because it

chose not to adopt a counting exclusion

for hazardous waste managed

immediately upon generation only in

on-site elementary neutralization units.

wastewater treaunent units. or totally

enclosed treaunent facilities as defined

in 40 CFR 260.10.

Dust Suppression (50 FR 28702,

7/15/85. Checklist 17G):The State

regulation WAC 173-303-505(2)(d) is

more stringent than the federal

requirement at 40 CFR 266.23(b)

because the State rule does not contain

the exception for waste identified solely

on the basis of igrtitability. Therefore the

State prohibits the use of waste or used

oil or other material which is

contaminated with dioxin or any other

hazardous waste, including those wastes

thatare ignitable, for dust suppression

or road treaunent.

The State is not seeking authorization

for the Standards for the Management of

Waste Fuel and Used Oil for the

Burning of these Materials in Boilers

and Industrial Furnaces, 40 CFR

266.102 through 40 CFR 266.111. The

State did not adopt these federal

provisions as state law. EPA is

implementing these BIF requirements in

Washington State under EPA's HSWA

authority.

States are not allowed to seek

authorization for state requirements that are broader in scope than federal

requirements. EPA does not have

authority to authorize and enforce those

parts of a state's program EPA finds to

. be broader in scope than the federal

program. EPA has found the following

state requirements to be broader in ,

scope than the federal hazardous waste

program and is not authorizing the

following requirements as part of the

State's authorized program: Mining

Waste Exclusion II (55 FR 2322. 1/23/90

Checklist 71). The State analogs are

broader in scope than the federal

requirements, except for WAC 173-303-

040 and WAC 173-303-180(3)(t) which

are equivalent to the federal analogs 40 -

CFR 260.10 and 40 CFR 262.23(e)

respectively. because the State has not

adopted an analog to 40 CFR '

261.4(b)(7)-exclusions for solid waste

from the extraction, beneflcatton. and

processing of ores and minerals. The

state's lack of an analog for the federal

exclusion of mixtures of solid waste and

hazardous waste which are hazardous

based solely on a hazardous

characteristic imparted to the waste as

a result ora Bevill characteristic, 40 CFR

, 261.3(a)(2)(iii). is also broader in scope

than the federal program.

Although State programs can be

authorized where they are more

stringent than the federal program, state

programs cannot be authorized where

they are less stringent. EPA finds the

state regulations for spent antifreeze at

WAC 173-303-120(3)(h) are less

stringent than the federal provisions to

the extent that the state program would

construe characteristic spent antifreeze

as a state-only waste. The effect of the

State rule would be to exempt antifreeze

that exhibits the toxicity characteristic'

from the requirements applicable to

wastes exhibiting the toxicity

characteristic. EPA has articulated its'~:-::

position in numerous rules thatspent'

antifreeze exhibiting a characteristic ,'>1,

may pose a threat to human-health-and ',:

the environment and requires generators?

and recyclers to cornplywtthextsttng v -"

federal regulations with respect to ".f:,?,

characteristic hazardous waste. ',,', - LEAntifreeze which exhibits the toxicity' .o:

characteristic remains a hazardous ',~. ,,: .

waste under the State's authorized '':: ,;':'

program. The direct Impact of EPA's ','c;

finding to generators arid recyclers is', ' that such personsare not exempted 0-~

from the State's federally. authorized ,I~'

requirements for antifreeze thatexhibits"

the toxicity characteristic. ' ' " States sometimes make changesto .~

their previously authorized programs -,
55151

analysis, for proposed and flnal rules

with "Federal mandates" that may

result in expenditures to State, local.

and tribal governments. in the aggregate.

or to the private sector. of $100 million

or more in anyone year.

Before promulgating an EPA rule for

which a written statement is needed.

secti?n 205 of the UMRA generally

reqwres EPA to identify and consider a

reasonable number of regulatory

alternatives and adopt the least costly,

most cost-effective or least burdensome

alternative that achieves the objectives

of the rule, The provisions of section

205 do not apply when they are

inconsistent with applicable law,

Moreover, section 205 allows EPA to

adopt an alternative other than the least

costly."most cost-effective or least

burdensome alternative ifthe

Administrator publishes with the final

rule an explanation why that alternative .

was not adopted. Before EPA establishes

~y ~egulatory requirements that may

stgniflcantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely Input in

the development of EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing. educating, and advising

small governments on compliance with

the regulatory requirements".

EPA has determined that section 202

and 205 requirements do not apply to

today's action because this rule does not

contain a Federal mandate thatmay

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector. Costs to State. local

and/or tribal governments already exist

under the Washington program, and

today's action does not impose any

additional obligations on regulated

entities, In fact, EPA's approval of State

programs generally may reduce, not

increase. compliance costs for the

private sector. Further, as it applies tb

the State. this action does not impose a

Federal intergovernmental mandate

because UMRA does not include duties

arising from participation in a voluntary

Federal program.

The requirements of section 203 of

UMRA also do not apply to today's

action because this rule contains no

regulatory requirements that might

significantly or uniquely affect small'

governments. Although small

governments may be hazardous waste

generators, transporters, or own and/or

I. How Does Today's Action Affect

Indian Country (18 U.S.C. Section 1151)

in Washington?

EPA's decision to authorize the

Washington hazardous waste program

does not include any land that is. or

becomes after the date of this

authorization, "Indian Country," as

defined in 18 U.S.C. 1151, with the

exception of the non-trust lands within

the exterior boundaries of the Puyallup

Indian Reservation (also referred.to as

the ".~873 Survey Area" or "Survey

Area ) located in Tacoma. Washington.

EPA retains jurisdiction over' 'Indian

Country" as defined in 18 U.S.C. 1151.

Effective October 22, 1998 (63 FR

50531, September 22, 1998)

Washington's state program was

authorized to implement the state

authorized program on the non-trust

lands within the 1873 Survey Area of

the Puyallup Indian Reservation. The

authorization did not extend to trust

lands within the reservation. EPA

retains its authority to implement RCRA

on trust lands and over Indians and

Indian activities within the 1873 Survey

Area. .

A complete discussion of the

background for this authorization

determination can be found· in Federal

Registers dated July 7, 1998 (63 FR

36652) for the proposed rule and an

immediate flnal rule (63 FR 36587),

August 21, 1998 to withdraw the

Irnrnediate final rule .in response to

adverse comment (63 FR 44795). and

September 22. 1998 to publish a

response to comment and final rule

granting authorization (63 FR 50531).

J. What is Codification and Is Epa

Codifying Washington Hazardous

Waste Program as Authorized in This

Rule?

Codification is the process of placing

the State's statutes and regulations that

comprise the-State's authorized

hazardous waste program into the Code

of Federal Regulations. We do this by

referencing the authorized State rules in

40 CFR Pan 272. We reserve the

amendment of 40 CPR Pan 272, Subpart

WW for this authorization of

Washington's program until a later date.

K. Regulatory Analysis and Notices

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA). Pub. L.

104-4. establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State. local,

and tribal governments and the private

sector, Under section 202 of the UMRA

EPA generally must prepare a written .

statement, including a cost-benefit

Federal Register/Vol. 64. No. 196/Tuesday. October 12. 1999/Rules and Regulations

"------ ---~-------- --

that result in a state regulation being

found equivalent where the regulation

may have been found more stringent at

the time of initial authorization. On

April 29, 1996. the State received final

authorization for the federal dioxin

wastes requirements, (50 FR 1978,

January 14. 1985) and the definition of

empty for dioxin residues in containers

was determined to be more stringent

than the federal program. The State has

amended its defmition of empty for

dioxin residues in containers and is

. seeking reauthorization for this change.

With today's rulemaking the State

analog for definition of empty, found at

'.WAC 173-303-l60(2)(a). has been

determined to be equivalent to the

federal requirement found at 40 CFR

261.7(b)(l), .

On April 29, 1996. the State received

final authorization for the federal rule

Amending Requirements for Hazardous

Waste Incinerator Permits (54 FR 4286,

January 30, 1989) and the state's analog.

WAC 173-303-807(10) requirement for

existing incinerator facilities to either

conduct a trial burn or submit other

information as specified in 40 CFR

270.l9(a) or (c) before a permit can be

issued to that facility, was determined

to be more stringent than the federal

program. The State has amended the

more stringent requirement and is

.seeking reauthorization for this change.

With today's rulemaking the State

analog WAC 173-303-807(10) has been

determined to be equivalent to the

federal requirement found at 40 CFR

270,62(d).

H. Who Handles Permits After This

AuthoriZation Takes Effect?

Washington will issue permits for all

the provisions for which it is authorized

and will administer the permits it

issues. All permits issued by EPA

-Region 10 prior to final authorization of

this revision will continue to be

administered by EPA Region 10 until

the issuance or re-issuance after

modtflcanon of a State RCRA permit.

Upon the effective date of the issuance

.,.orlte-issuance after modification to '

:'" utcorporate' a6thorlzed State

re(i~iremen~!of.aState RCRA permit.

those EPA-issued permit provisions

which the State is authorized to ,-.

administer and-enforce will expire,

HSWA provisions for which the State is

;.' .not authorized will continue in effect

under the EPA-issued permit. EPA will

. continue to' implement and issue

. permits for'HSWA requirements for .

-r- w~"h_I~Ch Washington is not.yet authorized.
55152 Federal Register/Vol. 64. No. 196/Tuesday, October 12; 1999/Rules and Regulations

operate TSDFs. they are already subject

to the regulatory requirements under the

existing State laws that are being

authorized by EPA. and. thus. are not

subject to any additional significant or

unique requirements by virtue of this

program approval.

Cerr1flcation Under the Regulatory

Flexibility Act

Pursuant to the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.. as amended by

the Small Business Regulatory

Enforcement Fairness Act of 1996).

whenever an agency is required to

publish a notice of rulemaking for any

proposed or final rule. it must prepare

. and make available for public comment

a regulatory flexibility analysis that

describes the eff-ect of the rule on small

entities (i.e.. small businesses, small ,

organizations. and small governmental

jurisdictions). This analysis is

unnecessary, however. if the agency's

administrator certifies that the rule will

not have a significant, economic impact

on a substantial number of small

entities.

EPA has determined that this

authorization 'will not have a significant

economic impact ona substantial

number of small entities. Such small

entities which are hazardous waste

generators, transporters. or which own

and/or operate TSDFs are already

subject to the regulatory requirements

under the existing State laws that are

now being authorized by EPA. EPA's

authorization does not impose any

significant additional burdens on these

small entities. This is because EPA's

authorization would simply result in an

administrative change. rather than a

change in the substantive requirements

imposed on these small entities. . Pursuant to the provision at 5 U.S.C..

605(b). the Agency hereby certifies that

this authorization will not have a

significant economic Irnpacton a

substantial number of small entities.

This authorization approves regulatory

requirements under'existing State law to

which small entities are already subject.

It does not impose any new burdens on

small entities. This rule. therefore. does

not require' a regulatory flexibility

analysis.

Submission to Congressand the

Comptroller General

The Congressional Review Act. 5

U.S.C. 801 et seq.. as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996. generally provides

that before a rule may take effect. the

agency promulgating the rule must

submit a rule report. which includes a

copy of the rule. to each House of the

Congress and to the Comptroller General

of the United States. The EPA will

submit a report containing this rule and

other required information to the U.S.

Senate. the U.S. House of

Representatives and the Comptroller

General of the United States prior to

publication of the rule in today's

Federal Register. This rule is not a

"major rule" as defined by 5 U.S.C.

804(2).

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this rule from the

requirements of Executive Order 12866.

Compliance With Executive Order

12875

Under Executive Order 12875, EPA

may not issue a regulation that is not

required by statute and that creates a

mandate upon a State. local or tribal

government. unless the Federal

government provides the funds

necessary to pay the direct compliance

costs incurred by those governments. or

EPA consults with those governments. If

EPA complies with consulting.

Executive Order 12875 requires EPA to

provtde to the Office of Management

and Budget a description of the extent

of EPA's prior consultation with

representatives of affected State. local

and tribal governments. the nature of

their concerns. copies of any written

communications from the governments.

. and a statement supporting the need to

issue the regulation. In addition.

Executive Order 12875 requires EPA to

develop an effective process permitting

elected officials and other

representatives of State. local and tribal

governments "to provide meaningful

and timely input in'the development of

regulatory proposals containing

significant unfunded mandates."

This nile does not create a mandate

on State. local or tribal governments.

The,rule does not impose any

enforceable duties on these entities. The

State administers its hazardous waste

program voluntarily. and any duties on

other State. local or tribal governmental

entities arise' from that program. not

from this action. Accordingly, the

requirements of Executive Order 12875

do not apply to this rule.

Compliance With Executive Order

13045

Executive Order 13045, "Protection of

Children from Environmental Health

Risks and Safety Risks." applies to any

rule that: (1) the Office of Management

and Budget determines is "economically

significant" as defined under Executive

Order 12866. and (21 concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria. '

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children and .

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

This rule is not subject to Executive

, Order 13045 because it is not an

economically Significant rule as defined

by E.O. 12866. and because it does not

involve decisions based on

environmental health or safety risks.

Compliance with Executive Order 13084

Under Executive Order 13084. EPA

may l:\0t issue a regulation that is not

required by statute. that significantly or

uniquely affects the communities of

Indian tribal governments. and that'

imposes substantial direct compliance

costs on those communities. unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments. or EPA consults with

those governments. If EPA complies

with consulting. Executive Order 13084

requires EPA to provide to the Office of

Management and Budget. in a separately

identified section of the preamble to the

rule. a description of the extent of EPA's

prior consultation with representatives

of affected tribal governments. a

summary of the nature of their concerns.

and a statement supporting the need to

issue the regulation. In addition.

Executive Order 13084 requires EPA to

develop 'an effective process permitting

elected officials and other

representatives of Indian tribal

governments "to provide meaningful

and timely input in the development of

regulatory policies on matters that

Significantly or uniquely affect their

communities.',

This rule is not subject to Executive

Order 13084 because it does not _.,

Significantly or uniquely affect the',

communities of Indian tribal"

g~v.ernments.Washington is not:-

authorized to implement the RCRA

hazardous waste progra.n:t in Indtari,

country. This action has no effect onthe

hazardous waste program that ~f\;':

implements in the Indiancountry.' '

within the State. !

Compliance With Executive Order.

12612 ' , . , On August 4. 1999. President Clinton

issued a new executive order on. .

federalism. Executive Order .13132.64

FR 43255 (August 10, 1999), which will

take effect on November 2. 1999..In the

interim. the current Executive Order
Federal Register/Vol. 64, No. 196/Tuesday. October 12, 1999/Rules and Regulations

.....

55153

I

I.

I

I

12612.52 FR 41685 (October 30. 1987),

on federalism still applies. This rule

will not have a substantial direct effect on States. on the relationship between

the national government and the States,

or on the distribution of power and

. responsibilities among the various

levels of government. as specified in

Executive Order 12612. This rule simply

approves the State of Washington's

proposal to be authorized for updated

.requirements of the hazardous waste

program that the state has voluntarily

chosen to operate.

PaperworkReduction Act

Under the Paperwork Reduction Act,

. 44 U.S,C. 3501 et seq.. Federal agencies

must consider the paperwork burden

imposed by any. information request

contained in a proposed rule or a final

rule. This rule will hot impose any

tnforrnanon requirements upon the

regulated community.

National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 ("NTTAA"), Public Law No.

104-113, § 12(d) (15 U.S.C. 272 note)

directs EPA to use voluntary consensus standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus standards are.technical standards (e.g..

materials specifications, test methods.

sampling procedures. and business

practices) that are developed or adopted

.by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress. through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards.

This action does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

List of Subjects in 40 CFR Part 271

Environmental protection.

Adrmnlstrattvepractlce and procedure.

Confidential business informacion..

Hazardous waste, Hazardous waste

transportation, Indian lands.

Intergovernmental relations. Penalties.

Reporting and recordkeeping

requirements, Water pollution control.

Water supply..

Authority: This action is issued under the

authority of Sections 2002(a). 3006 and

7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a). 6926. 6974(b).

Dat~d: September 24. 1999.

Chuck Clarke.

Regional Administmtor. Region 10.

[FR Doc. 99-:25561 Filed \0-8-99: 8:45 am]

81WNG cooe 656G-OO-P

ENVIRONMENTAL PROTECTION

AGENCY .

40 CFR Part 271

[FRL~4-11

Massachusetts: Final Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTlON: Final rule.

SUMMARY: Today's action fmalizes EPA's

decision to grant authorization to the

Commonwealth of Massachusetts for

certain revisions to its hazardous waste

program under the Resource

Conservation and Recovery Act (RCRA).

The revisions addressed by this action

include two rules promulgated by the

Environmental Protection Agency: the

Toxicity Characteristics (TC) Rule '

(including subsequent revisions to that

rule) and the Universal Waste Rule

(UWR). The Agency finds that the

State's hazardous waste program

revisions, except for a provision which

relates to the TC Rule and exempts

intact Cathode Ray Tubes (CRTs) from

hazardous waste regulation. satisfy all of

the requirements necessary to qualify

for fmal authorization. Thus, the EPA is

taking action to approve the

authorization of Massachusetts for the

UWR and the TC Rule for all wastes

other than CRTs. At this time, EPA

defers 'action relating to CRTs; however,

the agency plans to address this issue in

a future Federal Register document..

DATES: The approval of Massachusetts'

program revisions shall become

effective without further notice on

October 12. 1999.

ADDRESSES: Copies of the

Commonwealth of Massachusetts'

revision application and related

materials which support the basis for

EPA's authorization decision (the ,.Administrative Record") are available

for inspection and copying during

normal business hours at the following

addresses: Massachusetts Department of

Environmental Protection Library, One

Winter Street-2nd Floor. Boston, MA

02108. business hours: 9:00 a.m. to 5:00

p.m., Telephone: (617) 292-5802 and

EPA Region I Library, One Congress

Street-11th Floor. Boston. MA 02114-

2023. business hours: 8:30 a.m. to 5:00

p.m.. Telephone: (617) 918-1990.

FOR FURTHER INFORMAnON CONTACT:

Robin Btscaia, EPA Region I, One

Congress Street. Suite 1100 (CHW).

Boston, MA 02114-2023: Telephone:

(617) 918-1642.

SUPPLEMENTARY INFORMAnoN:

A. Why Are Revisions to State

Programs Necessary?

States which have received final

authorization from EPA under RCRA .

Section 3006(b). 42 U.S.C. 6926(b). must

maintain a hazardous waste program

that is equivalent to. consistent with,

and no less stringent than the Federal

program. As the Federal program

changes. States must change their

programs and ask EPA to authorize the

changes. Changes to State programs may

be necessary when Federal or State

statutory or regulatory authority is

modified or when certain other changes

occur. Most commonly, States must

change their programs because of

changes to EPA's regulations in 40 Code

of Federal Regulations (CFR) parts 124.

260 through 266. 268. 270~ 273 and 279.

B. What Decisions Have We Made In

'This Rule?

1. Background

On January 8, 1998. Massachusetts

submitted a final program revision

application relating to the Satellite

Accumulation Rule. UWR and TC Rule

seeking authorization of its program

revision in accordance with 40 CFR

271.21. On Septemer 30, 1998. the EPA

granted authorization to the

Massachusetts hazardous waste

management program for the Satellite

Accumulation Rule only and deferred a

decision relative to the TC and UWR

portions of the application due to the

unresolved CRT issues (63 FR 52180).

2. The Proposed Rule

On February 24, 1999 EPA published

in the Federal Register a proposed rule

announcing its plan to authorize

Massachusetts for the TC Rule and the

UWR excluding those provisions which

relate to CRTs (64 FR9110). Also. at that

time. the agency proposed-to disapprove

a provision of the Massachusetts

hazardous waste regulations at 310 CMR

30.104(21) relating to CRTs. A forty-five

(45) day extension to the thirty (30) day

comment period of this proposal was

requested by Massachuetts and granted

in the Federal Register on March 24,

1999 (64 FR 14201) thereby extending

the public comment period from March

26. 1999 to May 10. 1999.

3. Recent Developments

Since the publication of the proposed

disapproval. the EPA and Massachusetts

Department of Environmental Protection